K.Ashok Kumar, v. The Managing Directortamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.16879 of 2018 K.Ashok Kumar ..
Petitioner -vs1. The Managing Director Tamil Nadu Warehousing Corporation No.82, Anna Salai Guindy, Chennai 600 032
2. The Regional Manager Central Warehousing Corporation Saidapet, Chennai 600 015
3. The General Manager Regional Office Chetput, Chennai 600 031 ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Declaration, declaring that the conditions laid down in the tender duly called for by the Managing Director, Tamil Nadu Warehousing Corporation, No.82, Anna Salai, Guindy, Chennai 600 032, the first respondent herein for the appointment of handling and transport contractors for 41 warehouses attached to Tamil Nadu Warehousing Corporation for the period between 2018 and 2020, namely,
1. eligibility criteria at Part-II, Serial No.19, Page No.21 namely:
Minimum Trucks Owned for Bidding 1 or 2 Warehouses 3 or 4 Warehouses Warehouses and above Sl.No.
Warehouse Grade
2. and eligibility criteria Serial No.3, Page No.15 namely:
Tenderer must have the experience of H&T operations for a minimum period of three years, in FCI, CWC or any department of Central or State Government or any Public Sector Undertakings especially in the field of Ferlizer, Food grains, Cement, Sugar, Coarse grains or any other goods are against law, inoperative, unsustainable and ultra vires of the Constitution of India and as such they are liable to be set aside.
For Petitioner ::
Mr.D.Ashok Kumar For Respondents ::
Mr.Arun Anbumani for R1 & 2
ORDER
This writ petition has been filed challenging two of the eligibility criteria conditions to be satisfied by the bidders, as prayed for in the writ petition, pursuant to the impugned tender notification issued by the first respondent.
2. Learned counsel for the petitioner submitted that when the first respondent invited E-Tender under two bid system from the professionally competent financially sound contractors who are interested for the contract of handling and transportation of foodgrains, other notified commodities etc., and allied services at the Warehouses stated thereunder, the respondents, among other conditions, have unreasonably fixed the eligibility criteria that a contractor/bidder must own road worthy lorries/trucks, namely, 10 for 1 or 2 warehouses, 15 for 3 or 4 warehouses, 20 for 5 warehouses and above, concerning Warehouse Grade-A; 5 for 1 or 2 warehouses, 8 for 3 or 4 warehouses, 13 for 5 warehouses and above, concerning Warehouse Grade-B; 2 for 1 or 2 warehouses, 2 for 3 or 4 warehouses, 4 for 5 warehouses and above, concerning Warehouse Grade-C as well as the experience criteria for a period of three years, in an effort to award the contract only to selected people.
3. It is at this stage the learned counsel for the respondents 1 & 2, apprising this Court about the factual misrepresentation, submitted as per the original eligibility criteria, the tenderer must have minimum road worthy lorries/trucks, namely, 15 owned lorries/trucks and 25 tie up lorries/trucks concerning Warehouse Grade-A, 10 owned lorries/trucks and 20 tie up lorries/trucks concerning Warehouse Grade-B, 5 owned lorries/trucks and 10 tie up lorries/trucks concerning Warehouse Grade-C and 5 owned lorries/trucks and 5 tie up lorries/trucks concerning Warehouse Grade-D. Only taking
into account the grievance expressed by the bidders, the respondents have issued a corrigendum relaxing the eligibility criteria to a reasonable extent, namely, 10 for 1 or 2 warehouses, 15 for 3 or 4 warehouses, 20 for 5 warehouses and above, concerning Warehouse Grade-A; 5 for 1 or 2 warehouses, 8 for 3 or 4 warehouses, 13 for 5 warehouses and above, concerning Warehouse Grade-B; 2 for 1 or 2 warehouses, 2 for 3 or 4 warehouses, 4 for 5 warehouses and above, concerning Warehouse Grade-C as well as the experience criteria for a period of three years. Therefore, the argument advanced by the learned counsel for the petitioner that the respondents have wrongly fixed the eligibility criteria for handling the cargo as well as the minimum number of years of experience, is wholly misconceived.
4. When the respondents 1 & 2 have relaxed the eligibility criteria to a reasonable extent by issuing a corrigendum with regard to the road worthy lorries/trucks to be owned by the bidders together with the minimum experience of three years, this Court finds no illegality or arbitrariness in the said fixation, as the E-Tender under two bid system has been issued inviting bids from the professionally competent/financially sound contractors for the contract of handling and transportation of foodgrains, other notified commodities etc., and allied services at the Warehouses stated thereunder. Secondly, the process of opening of the technical bids for certain items has been over. Therefore, this Court is not inclined to entertain the writ petition at this stage. Accordingly, the writ petition stands dismissed. Consequently, W.M.P.No.20069 of 2018 is also dismissed. No costs. Sd/- Assistant Registrar(CS IX) //True copy// Sub Assistant Registrar ss To
1. The Managing Director Tamil Nadu Warehousing Corporation No.82, Anna Salai Guindy Chennai 600 032
2. The Regional Manager Central Warehousing Corporation Saidapet Chennai 600 015
3. The General Manager Regional Office Chetput, Chennai 600 031 +1cc to Mr.Arun Anbumani, Advocate SR.No.47328 W.P.No.16879 of 2018 SAI(CO) GN(27/07/2018)